Mercia v Blacktown City Council [2016] NSWLEC 1069

Mercia v Blacktown City Council [2016] NSWLEC 1069

An agreement reached between the parties at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and determined by the Commissioner to be within the Court's power, must be given effect by disposing of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
26 February 2016
Procedural Posture
Development Application Appeal / Conciliation Conference Agreement and Final Orders
Outcome
Final orders made by consent under s 34(3) of the Land and Environment Court Act 1979
Legal Topics
['development Application' 'residential Flat Building' 'conciliation Conference' 'agreement Between Parties']
['planning and Environment'] ['development Application' 'residential Flat Building' 'conciliation Conference' 'agreement Between Parties']

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Procedural Posture

Development Application Appeal / Conciliation Conference Agreement and Final Orders

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 was acceptable and could be the subject of final orders']

Ratio Decidendi

An agreement reached between the parties at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and determined by the Commissioner to be within the Court's power, must be given effect by disposing of the proceedings in accordance with that agreement.

Court Disposition

Final orders made by consent under s 34(3) of the Land and Environment Court Act 1979

Orders

  • ["Final orders giving effect to the parties' agreement as per annexed documents"]